of his decisions, would he not also deprive the public and the Professions ? Whatever may be his determination, we shall continue hereafter, as heretofore, to report as faithfully as in us lies, to discuss every question of legal inte rest that presents itself, to comment upon decisions whether in England or in Ireland with deference, but with perfect independence, -resolved to write with candour, with impartiality, and with good temper. Encumbered Estates Court. PETITIONS PRESENTED FROM NOVEMBER 8, TO DECEMBER 4, INCLUSIVE.-1418. CONDITIONAL AND ABSOLUTE ORDERS AND POSTINGS FOR SALES MADE DURING THE Just published, price 5s.; by post 5s. 6d., Chap. 29, (1850,) with Introductory Treatise, Commentary, &c., &c., and Copious Index. By J. A. PHILLIPS, A. В., Dublin: MADDEN aud HARE, 7, Grafton-street; and all Booksellers. NEW LAW BOOKS, Just Published, price 12s. cloth, by Post, 12s. 6d. THE PRACTICE of the INCUMRERED ESTATES COURT in IRELAND from the Presentation of the Petition to the By RICHARD CHARLES MACNEVIN, Solicitor. COURT OF CHANCERY (Ireland) REGULATION ACT, 1850, with an Introduction, PRACTICAL COMMENTS and Precedents, A By WILLIAM SMITH, Esq., Barrister-at-Law. TABULAR ANALYSIS OF THE LAW OF JUDGMENTS as affecting Land with respect to Purchasers, Mortgagees, and Creditors, This day is published, price ls.; by post, Is. 2d. A RETORT ECHO TO THE VOICE OF THE BAR, OR the REIGN of MEDIOCRITY, Just Published, price 3s. bds., by post, 3s. 6d. A COMMENTARY UPON THE 13 VIC. CHAP. 18. AN ACT for the AMENDMENT of PROCESS and PRACTICE in the SUPERIOR COURTS of COMMON LAW in By JOHN BLACKHAM, Esq., Barrister-at-Law. OPINIONS OF THE PRESS. "A perusal of the Commentary shews that the author has been solici. tous, within the brief time allowed him, to render it of value to the legal world-and he has not failed of effecting his object."-Saunders' News Letter. "The Commentary bears sufficient evidence of acute and experienced study to merit our reliance and approval, &c "-World. "Under the 26th sect. Mr. Blackham has a very useful collection of cases decided upon an analogous English statute, as to the jurisdiction of a Judge sitting in Chamber, &c." -D. E. Post. "It seems to be very carefully prepared, and will be a necessary work to the Attorney, and a very useful companion to the Barrister on Circuit." -D. E. Mail. "Mr. Blackham is already favourably known to the legal profession as the author of a Treatise on the Law of Interpleader, a Digest of the Law Reports. While his labours in connexion with the 'Irish Jurist' have rendered effective service to the cause of Law Reform, &c."-Advocate. Just published, price Is.; by Post, 1s. 6d. ()BSERVATIONS on the ACT to regulate the Proceed ings in the High Court of Chancery of Ireland, 13 & 14 Vic. c. 89. A Pamphlet, by ALFRED M'FARLAND, Esq. Just completed, Vol. I. 8vo., price 21s. REPORTS of PRACTICE and NISI PRIUS CASES, (including Registry and Civil Bill Appeals,) DECIDED in the SUPE. RIOR COURTS, and at the AFTER SITTINGS; with Index and Table of Cases. By J. BLACKHAM, W. J. DUNDAS, and R. W. OSBORNE, Esqrs. In 1 Vol. 12mo., price 3s., by post 3s. 6d. RUSSELL ON ARBITRATION. A TREATISE on the Power and Duty of an ARBI. TRATOR, and the Law of Submissions and Awards; with an Appendix of Forms, and of the Statutes relating to Arbitration. By FRANCIS RUSSELL, Esq., M.A., Barrister.at.Law. I vol. 8vo. bd. £1 66. 1 vol. 12mo, price 6s, bds. A TREATISE ON THE LAW relating to MINES. By BAYLEY ON BILLS OF EXCHANGE. SUMMARY of the Law of Bills of Exchange, Cash Bills, and Promissory Notes. By SIR JOHN BAYLEY, Knt. Sirth Edition, by G. W. DOWDESWELL, Barrister.at-Law. 1 vol. Svo £1 2s. BURGE ON THE LAW OF SURETYSHIP. COMMENTARIES on the Law of SURETYSHIP, and COMMENTARIES the Rights and Obligations of the parties thereto. By WILLIAM BURGE, Esq. QC. M.A. &c. I vol. 8vo. 188. THE EQUITABLE JURISDICTION of the COURT OF CHANCERY, Vol. II., comprising Equitable Estates and In. terests, their Nature, Qualities, and Incidents; in which is incorporated so far as relates to those subjects, the substance of "Maddock's Treatise on the Principles and Practice of the High Court of Chancery." By GEORGE SPENCE, Esq., one of Her Majesty's Counsel. THE DOCTRINE of EQUITY; being a Commentary on the Law as administered by the COURT OF CHANCERY. By JOHN ADAMS, Jun., Esq., Barrister-at-law. I vol. 8vo. price 21s. BEST'S PRINCIPLES OF EVIDENCE. A TREATISE on the Principles of EVIDENCE and PRACTICE as to Proofs in Courts of Common Law; with Elementary Rules for conducting the Examination and Cross-examination of Witnesses. By WM BEST, A. M. LL.B., Barrister at Law. I vol. 8vo. cloth, 18s. ANGELL ON THE LAW OF CARRIERS. A TREATISE on the Law of CARRIERS of GOODS and PASSENGERS by Land and by Water. By S.K.. ANGELL Esq., Barrister-at-Law. I vol. royal 8vo. bds. 25s. THE LAW RELATING to TRANSACTIONS on the STOCK EXCHANGE. By HENRY KEYSER, Esq., othe Mid dle Temple, Barrister-at-Law. I vol. 12mo, cloth bds. 83. A TREATISE ON THE LAW OF MORTGAGE. By RICHARD HOLMES COOTE, Esq, Barrister.at.Law. 3rd edition by the same Author, and by RICHARD COOTE, Esq., of Lincoln's Inn, Barrister-at-Law. 1 vol. 8vo. price 17. 10s. A DIGEST of CASES decided in the Court of Arches, therefrom to Appeal the Prerogative Court of Canterbury, and the Consistory Court of London, and on the Judicial Committee of t the Privy Council; with references to the leading analagous Decisions in the House of Lords, and the Courts of Law and Equity, and to the several Statutes and Text Books which bear on questions within the Jurisdiction of the Ecclesiastical Courts, By ALFRED WADDILOVE, D. C. L., Advo cate in Doctors' Commons, and Barrister-at-law of the Inner Temple. I vol. royal 8vo., price 11. 58. bds. ROGER'S ECCLESIASTICAL LAW. A Practical Arrangement of ECCLESIASTICAL LAW. Second Edition, considerably enlarged. By FRANCIS NEWMAN ROGERS, Esq., Barrister-at-Law. 1 vol. 8vo. £1 16s. ADDISON ON THE LAW OF CONTRACTS. A TREATISE on the Law of CONTRACTS, and Rights and Liabilities ex Contractu. By C. G. ADDISON, Esq. of the Inner Temple, Barrister.at.Law. Second Edition, 2 vols. 8vo. price £116. Dublin: EDWARD J. MILLIKEN, 15, College Green. Sold by all Booksellers. All communications for the IRISH JURIST are to be left, addressed to the Editor, with the Publisher, E. J. MILLIKEN, 15, COLLEGE GREEN. Correspondents will please give the Name and Address, as the columns of the paper cannot be occupied with answers to Anonymous Communications-nor will the Editor be accountable for the return of LAW OF DEBTOR AND CREDITOR IN IRELAND. Manuscripts, &c. The new Act for the abolition of arrest for sums under ten pounds, and for the recovery of the possession of small tenements before Justicesof the Peace, with a full Commentary, Index, Notes and Forms, adapted for the professional and trading classes. By WILLIAM GERNON, ESQ., Barrister-at-Law. A TREATISE on the LAW of INTERPLEADER, con Orders for the IRISH JURIST left with E. J. MILLIKEN, 15, COL. LEGE GREEN, or by letter (post-paid), will ensure its punctual delivery in Dublin, or its being forwarded to the Country, by Post, on the day of publication. TERMS OF SUBSCRIPTION-(payable in advance): Yearly, 30s. Half-yearly, 178. Quarterly, 9s. taining all the Reported Cases in this Country and in England, with an Appendix, containing the Act 9 & 10 Vic. c. 64, with Forms of Affida. vits, Rules, Orders, and the Record on a Feigned Issue. By J. BLACKHAM, Esq., Barrister-at-Law. Printed by THOMAS ISA AC WHITE, at his Printing Office, No. 45, FLEET.STREET, in the Parish of St Andrew, and published at 15, COLLEGE OREEN, in same Parish, by EDWARD JOHNSTON MILLIKEN, residing at the same place, all being in the County of the City of Dublin, Saturday, December 7, 1850. Erish Jurist No. 111. VOL. III. DECEMBER 14, 1850. Per Annum, £1 108. PRICE Single Number, 9d. The Names of the Gentlemen who favour THE IRISH JURIST with Reports in the several Courts of { Law and Equity in Ireland, are as follows : Court of Chancery, in- (JAMES R. O'FLANAGAN, Esq., cluding Bankruptcy and JOHN BLACKHAM, Esq., Appeals Barristers-at-Law. Rolls Court.. Bankrupt Court....... Incumbered Estates Queen's Bench, including Civil Bill Appeals. WILLIAM JOHN DUNDAS, Esq. & JOHN PITT KENNEDY, Esq. Barristers-at-Law. ROBERT GRIFFIN, Esq. and Hon. JOHN P. VEREKER, Barrister-at-Law. FLORENCE M'CARTHY, Esq., and SAMUEL V. PEET, Esq., Barristers-at-Law. DUBLIN, DECEMBER 14, 1850. By studying the old reports, and by gradually tracing in the modern decisions the changes that have taken place from time to time we become fully acquainted with the legal jurisprudence of our country. For these reasons the re-publication of one of our old standard authorities is always a boon to the Profession; by its means we are enabled to discover the leading cases upon each subject, and by referring to it see at a glance every change that has been wrought by the lapse of time, by an alteration in the policy of the law, or by the repeal of old, or the enactment of new statutes. "Smith's Leading Cases" have, for this reason, been long popular with the Profession. Mr. M'Naghten, in the volume before us, following his idea, has published, with valuable notes, all the select cases tempore Lord Chan cellor King. Mr. M-Naghten is already well known to the Profession as one of the Editors of M'Naghten's & Gordon's Reports in the Court of Chancery in England. His notes are clear and concise, and contain a mass of valuable matter in an unusually small compass. The Reports tempore Lord Chancellor King are well known to the Profession as containing often the first, and in many instances the only decisions upon very abstruse or important branches of Equity; and the author has availed himself of these cases with great judgment. In Edwards v. Heather, which decides that an agreement, if unreasonable, though in part executed, will not be specifically decreed, he takes the opportunity of examining the law upon that important subject. Whitacre v. Whitacre decides that trustees or persons acting under them cannot be purchasers. In the notes to this case many of the great principles that arise upon this point are enumerated and commented upon. In Jordan v. Foley the obligations of the husband and of a feme covert are examined. In Christmas v. Christmas, which decides that when an agreement is reduced to writing, all previous treaties are resolved into that. Under this case the Editor comments with much care upon the conflicting decisions upon this subject. In Coppin v. Coppin, he reviews the principles upon which the marshalling of assets is based, and the cases in which the legatee will be entitled to have recourse to the legal estate, particularly to the cases in which a creditor or legatee might assert in his own favour the lien of the unpaid vendor. The law so far as it affects purchasers for value with notice is reviewed in Harry v. Woodhouse. In reviewing Blackway v. Earl of Strafford, subsequently reversed by the House of Lords, he examines the doctrine of the equitable recognition of debts, once legally extinct, and the bearing of the modern construction of the Statute of Limitations upon the subject, as well as the numerous and nice distinctions that have been drawn as to the particular time when it commences to run. In Nutt v. Burrell, reviewing concisely all the law of forfeiture, attached as a condition to a grant or bequest, such as conditions not to dispute a will, &c., and where a condition is merely held over in terrorem, or a substantial part of the grant, and also the impor. tant distinctions drawn between a condition prece. dent and subsequent. Under this category corresponding conditions in restraint of marriage, or during celibacy, and gifts to a man until his bankruptcy, with or without remainders over, and how such gifts are affected by his bankruptcy, all of which are handled in a clear, concise, and practical form. In the next case, Lord Lucy v. Watts, the whole law relating to the admission of parol evidence in order to contradict the terms of a written contract or instrument, are ably compressed in a very narrow compass. In the case of Sir John Fryer, Knight, v. Mary Vernon, the jurisdiction of the Court of Chancery in England to issue a sequestration for contempt against the lands of a person resident in Ireland, was considered and denied. Under this head the decisions as to the jurisdiction of the Court of Chancery, where the subject of the suit is in a foreign country, are collected. [See as to the jurisdiction of the Court of Chancery in England to appoint a receiver over land in Ireland, In the matter of the Estate of the Earl of Portarlington, (8 Ir. E. R. 369.)] On the whole we consider this a work we can safely recommend to the Profession. Court Papers. Chancery. December 12, 1850. Master Murphy has intimated that he and his brother Masters have adopted the rule of requiring that counsel open every petition, referred to them under the Chancery and Trustee Acts; and that the Master would require such counsel to furnish in writing the order required to be made on such petitions, with reference to the accounts to be taken, the ad. vertisements required, &c. Encumbered Estates Court. The full court will sit upon Wednesday, Thursday, Friday, and Saturday in the ensuing week. Encumbered Estates Court. PETITIONS PRESENTED FROM DECEMBER 5 ΤΟ 11, INCLUSIVE.-1442. CONDITIONAL AND ABSOLUTE ORDERS AND POSTINGS FOR SALES MADE DURING THE NOTICE OF SALE. IN THE COURT OF THE COMMISSIONERS FOR THE SALE OF INCUMBERED ESTATES IN IRELAND. In the Matter of the Estate of The Right Honourable Stephen, Earl of Mountcashell, Owner and Petitioner. PURSUANT to the Absolute Order for a Sale made in this matter, On TUESDAY, the 17th day of DECEMBER, 1850, the unsold Lots of the Estate of the Right Honourable Stephen, Earl of Mountcashell, known as the BRAID ESTATE, situate in the County of THE BRAID ESTATE. The farm houses and offices on these town. 149 18 3 407 6 3 .. 252 14 4 349 90 111 2 8 Martinstown 188 1 33 10Lisbreen, Lisbreen Half quarter, and Lexnagooley The Rental of this Lot will increase on the The tenants on this Lot are of a most indus. This Lot is held principally by old leases for 58 4 1 A great asccession of rental will take place on 125 00 { The new line of road from Broughshane to This Lot is held by one tenant for 3 lives, 2 of These Lots are abundantly supplied with tur. This Lot is situated near the romantic wa. This Lot is held by one tenant by lease for On this Lot are situate the beautiful and ro. This Lot is situate on the river Braid. The This Let is held principally on old leases for (The rents on these Lots are well paid. They The tenants on this Lot are very respect. This Lot is held principally on old leases for This Lot is partly held on old leases for lives, |